Identity Theft in the Third Degree

Definition under New York law

PL 190.78 · Original statutory wording; excerpts must be read together with the full section.

§ 190.78 Identity theft in the third degree.A person is guilty of identity theft in the third degree when suchperson knowingly and with intent to defraud assumes the identity ofanother person by presenting themself as that other person, or by actingas that other person or by using personal identifying information ofthat other person, and thereby:1. obtains goods, money, property or services or uses credit in thename of such other person or causes financial loss to such person or toanother person or persons; or2. commits a class A misdemeanor or higher level crime.Identity theft in the third degree is a class A misdemeanor.

In everyday language

New York State identity theft in the third degree — identity theft NY under NYS Penal Law 190.78 (nys pl identity theft) — requires knowingly assuming another person's identity with an intent to defraud, whether by presenting oneself as that person, acting as that person, or using that person's identifying information. The identity assumption must also produce one of the listed benefits or financial harms, or result in commission of a class A misdemeanor or higher-level crime; a New York identity theft lawyer or identity theft attorney in New York can review which listed harm the prosecution relies on.

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.